Ajaz Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80390 of 2023 In CRIMINAL MISCELLANEOUS No.11264 of 2016 Arising Out of PS. Case No.-825 Year-2004 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Ajaz Hussain Son of Id Mohammad R/o vill - Andaz, P.S. - Andar, Distt. - Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mahamddin Mia Son of Late Karun Mia R/o vill and P.S. - Andar, Distt. - Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Nath Mishra, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023 1.

Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition has been filed for restoration of a petition bearing Cr. Misc. No.11264 of 2016, which has stood dismissed on account of non-prosecution, vide order dated 13.09.2023.

3.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non- prosecution, thus a sympathetic view be taken

Patna High Court CR. MISC. No.80390 of 2023(2) dt.08-12-2023 2/2 and the aforesaid petition be restored to its original file. 3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Cr. Misc. No.11264 of 2016 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/- U T